Liability in Partnerships: A Comparative Analysis of American Common Law and Islamic Law
Liability in Partnerships: A Comparative Analysis of American Common Law and Islamic Law
Bander Almohammadi
 
Abstract: This article explores the extent to which liability in partnerships at American common law compares to liability in partnerships in Islamic Law. The article analyses the grounds of liability in partnerships in the American federal statutes, namely, the Uniform Partnership Act (UPA) and the Revised Uniform Partnership Act (RUPA) and compares those grounds with liability in different permissible types of partnerships in Islamic law, specifically, Sharikah Al-Mufawadah, Sharikah Al-Inan, Sharikah Al-Mudarabah, Sharikah Al-Wujuh, Sharikah Al-Amal, and Sharikah Al-Musharakah. The analysis and comparisons primarily find that there are significant similarities in the formation of agency and partnership contracts at American common law and in Islamic law. It is further revealed that the grounds for determining liability in partnerships are very similar at both American common law and in Islamic law.

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